Men in court on violent disorder charges linked to fatal row in Leopardstown
by Tom Tuite, https://www.thejournal.ie/author/tom-tuite/ · TheJournal.ieLAST UPDATE | 42 mins ago
A 47-YEAR-OLD MAN had a hatchet and a teenager used a metal pole during a “large-scale” violent confrontation in south Co Dublin that led to the death of a man, a court has heard.
Romanian men Gratian Rostas of North Circular Road and 19-year-old Marcel Rostas of McAuley Park, both in Dublin, appeared at Dún Laoghaire District Court on Monday and were granted bail.
They are accused of violent disorder at the South County Business Park, Sandyford in Leopardstown on 29 August where several members of a Roma family had been living in an abandoned building.
Siminic Rostas (24) received several blows to his head with a shovel, suffered “catastrophic” injuries and died at Beaumont Hospital’s intensive care unit on 1 September when his life support was switched off.
Three men, including one accused of using the shovel to strike Siminic Rostas’s head repeatedly, were denied bail two weeks ago.
The court heard that at 8.25pm officers received a report of a large-scale disturbance involving several males engaged in violence at an abandoned premises.
Gardaí found three males, including Siminic Rostas, who were significantly injured, all requiring hospitalisation.
Detective Garda Michael Murphy and Detective Garda Stephen Murray told Judge Conor Fottrell that instructions from the Director of Public Prosecutions were awaited.
The court heard the two men were expected to be tried on indictment in the Circuit Court and could face an 18-month wait until trial.
A bail hearing was told that a verbal dispute escalated suddenly to violence, and the subject of the dispute remains the subject of the garda investigation.
The judge heard that a sustained physical confrontation involving the defendant and three males against four other males who were occupants of the premises followed.
CCTV footage captured significant portions of the incident and has shown lethal weapons and implements were used during the fight, including poles, sticks and shovels.
It was also alleged that former refuse and agricultural worker Gratian Rostas, who is currently on social welfare, had a hatchet during the incident and that the teenage defendant beat a man with a metal pole.
However, they were not accused of causing the fatal injuries.
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The detectives said the pair had active roles in the violence and feared further offences or flight risk.
In Gratian Rostas’s bail hearing, the court was told that that one of the hospitalised men has received several threatening messages on his phone, stating that there would be “retribution”, “this is not the end of it” and “your brother is next.”
Defence solicitor Stephen O’Mahony established in cross-examination with Detective Garda Murphy that it was not alleged Gratian Rostas was a suspect for the phone messages.
Mr O’Mahony stressed that possessing a hatchet could be explained as self-defence.
It also emerged that three others had been charged in relation to “revenge” offences.
Detective Garda Stephen Murray raised doubts about the address given by Marcel Rostas, which defence counsel Karl Monaghan challenged, saying a provisional driving licence and a letter from Revenue showed he lived there.
The court heard the young man who came to Ireland a decade ago and left school in fifth year.
The teenager who has no prior convictions gave evidence telling the judge about his education and work history in construction and warehouse labouring
The defence highlighted the lengthy wait until their trials, ties to this jurisdiction, the presumption of innocence, and their willingness to abide by strict terms.
Judge Fottrell ruled that conditions could address garda concerns. Gratian Rostas was ordered to lodge €1,000 and remanded in custody pending cash payment; he will appear again next week.
The 19-year-old was released after paying €3,000 and will appear again on 12 October.
They must sign on daily, surrender their passports or identity documents, remain contactable by phone and not apply for replacements.
Two weeks ago, three other men were charged with connected offences.
Kevin Rostas (21), a father of one, of Harrington Street, Dublin 8, and 23-year-old Cristian Demian, of Howth Road, Raheny, were accused of violent disorder, but Mr Demian had an additional charge for assault causing harm to Siminic Rostas. It was alleged he used a shovel to beat the deceased in the head.
Augustin Rostas faced the same violent disorder charge allegation. The 22-year-old, with addresses given at Convent Place, Hatch Street Lower, and Kevin Street, Dublin 2, was granted conditional bail set at €1,000.